Republicans thwart attempts to repeal 1864 abortion ban
A decision by Arizona's highest court upholding an 1864 ban on nearly all abortions created chaos and confusion across the state Wednesday. As abortion providers were flooded with phone calls from frantic patients, Republican lawmakers at the state Capitol blocked efforts to undo the ban, prompting angry jeers from Democrats.
Democrats, who seized on the decision to resurrect the 160-year-old ban as a pivotal election issue, tried to push bills through the Republican-controlled Legislature to repeal the ban, a move they said would protect women's health and freedom, and also force Republicans to take a formal vote on the law.
But Republican leaders in the Senate removed one bill from the day's agenda Wednesday, legislative aides said. In the House, a Republican lawmaker who had called for striking down the law made a motion to vote on a Democratic repeal bill that has sat stalled for months. But Republican leaders quickly scuttled that effort by calling for a recess, and later adjourned until next Wednesday.
Democrats on the Senate floor yelled “Shame!” and “Save women's lives!” as their Republican colleagues filed out of the chamber.
“I don't see why we wouldn't move forward,” said state Sen. Anna Hernandez, D-Phoenix. “Are they serious about this or are they not?” she said of the Republicans. “Are they just backpedaling when they realize they're on the losing side of a policy battle?”
Despite the pressure from Democrats and some Republicans to undo the law, it was uncertain whether Republican leaders, who narrowly control both chambers of the Legislature, would allow any immediate action on proposals to repeal the ban.
Rep. Teresa Martinez, a Republican and opponent of abortion, criticized Democrats for trying to force a vote a day after the court's ruling. She called their chants and shouts extremist and insurrectionist behavior.
“We do not want to repeal the pre-Roe law without first having a conversation about it,” she said in a floor speech. “There is no reason to rush on this very important topic. We must listen to all viewpoints thoroughly. We cannot do that when our colleagues are acting in the way they did this morning.”
The Senate president and House speaker, both Republicans, issued a joint statement emphasizing that the court's ruling had not yet taken effect and probably would not for weeks, as the legal fight over the 1864 law heads back to a lower court for additional arguments over its constitutionality.